Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Niger (Ratification: 1966)

1. Part V, Articles 28 and 29 (Old-age benefit). In answer to the Committee's previous comments, the Government indicates that insured persons who meet the requirements in section 13(1) of Decree No. 67-025 of 1967 are entitled to a normal old-age pension, the previous wage being the reference for determining the amount of the pension, in accordance with national practice. It adds that, as part of the proposed revision of the social security legislation, it is planned to replace the term "date of eligibility" by "date of termination of activity". The Committee notes this information. Pending the above-mentioned revision, it again asks the Government to indicate, with examples if possible, how the average monthly wage (provided for in section 15 of Decree No. 67-025 of 1967) which serves as the basis for determining the monthly amount of old age pension is calculated in practice, particularly when the beneficiary, even though he meets the conditions set out in section 13 of the above Decree, has not contributed for the three or five last years preceding the date of eligibility. The Committee would also appreciate information on how this method of calculation affects the amount of the old age pension paid to such a beneficiary.

The Committee also asks the Government to indicate under which provision a reduced benefit is granted, in accordance with paragraph 2 of Article 29 of the Convention, to a protected person who has completed a qualifying period of 15 years' contribution or employment but has not been registered for 20 years as required by section 13(1)(a) mentioned above.

2. Part VII (Family benefit), (a) Article 43 (Length of qualifying period). With reference to its previous comments, the Committee notes that the proposed revision of the texts concerning the length of the qualifying period for family allowances is still on the way. It therefore once again expresses the hope that the proposed revision will be adopted shortly and that it will reduce to three months, in accordance with the Convention, the length of the qualifying period for family allowances, which currently stands at six consecutive months' employment with one or several employers (sections 8 and 9 of Decree No. 65-116 of 18 August 1965).

(b) Article 44 (in relation to Article 76, paragraph 1(b)(ii)). The Committee notes the statistical information provided by the Government. It notes, however, that the amount of the minimum basic wage (18,898 CFA francs) to which the Government refers, does not seem to have varied since 1 October 1980 (according to the information supplied by the Government in its letter of 4 June 1987). In these circumstances, and in order to ascertain the extent to which the value of family benefits reaches the level prescribed by the Convention, the Committee asks the Government to provide the statistical information required under Article 44 in the report form adopted by the Governing Body, indicating, for the same reference period, in addition to the total amount of benefits in cash and in kind and the total number of children of all persons protected, the updated amount of the wage of an ordinary adult male labourer determined in accordance with Article 66 of the Convention.

3. Part XI, Article 65, paragraph 10, and Article 66, paragraph 8 (Revision of current periodical payments). In its previous comments the Committee asked the Government to provide information on the measures taken to ensure application of these provisions of the Convention which specify that periodical payments, particularly in respect of old age and employment injury (except those covering temporary incapacity) shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. In its report, the Government indicates that there has been no wage increase since April 1981 and that, consequently, the above-mentioned benefits which are calculated on the basis of remuneration actually received cannot be changed.

The Committee notes this statement. It wonders, however, whether the general level of earnings has not changed since 1981 in view of the inflation registered since that date. In addition, in view of the importance that the Committee attaches to maintaining the purchasing power of pensions, which is very often the main if not the sole source of income of the persons concerned, the Committee again expresses the hope that the Government will take the necessary steps to ensure an increase in the rates of periodical payments for the above-mentioned contingencies, and that it will provide with its next report the statistical data required on this subject established in the manner indicated by the report form under Title VI, article 65.

4. Part XIII (Common provisions), Article 69(b) (in relation to articles 30 and 38). In answer to the comments the Committee has been making for several years, the Government indicates in its report that as part of the revision of the social security legislation, the abolition of the suspension of benefit when the insured person is serving a sentence of detention pursuant to section 23(2) of Decree No. 67-025 of 1967 has been advocated. It adds that such an amendment would enable the insured person to receive all his entitlements even if he is maintained out of public funds. The Committee notes this statement. It hopes, therefore, that the above-mentioned amendment to section 23(2) will be adopted shortly.

5. Part XIV (Miscellaneous provisions), Article 76, paragraph (b)(ii). Please supply the statistical information required under Article 65 in the report form (Titles I to V) concerning the level of old age, employment injury and maternity benefits. Please state in particular the updated amount of the wage of a skilled manual male worker selected in accordance with paragraph 6 or paragraph 7 of article 65.